Calderdale councillors reject call to condemn EHRC trans guidance as discriminatory

Instead, it should ensure women’s rights as defined by the guidance should be at the forefront of decisions made, they decided.

Under the guidance from the Equality and Human Rights Commission (EHRC) businesses are expected to provide both single-sex and mixed-sex toilets and changing rooms among other things, also carry an economic cost, said the Green Party.

Coun Oscar Seville-Leach’s (Green, Todmorden West) motion to a meeting of the full Calderdale Council had called on councillors to make the condemnation and ask Government to fund the costs to businesses.

But Reform UK councillors successfully proposed an amendment they said recognised the legal position, which the council had a duty to uphold.

Instead, said the amendment proposed by Coun Gordon Thorpe (Reform UK, Ovenden), the council resolves “to ensure that women’s rights as defined by the guidance from the EHRC are at the forefront of decisions made”.

The EHRC is an independent public body set up by Parliament to promote equality, prevent discrimination and protect people’s human rights in Great Britain.

The amendment also said: “Calderdale continues to be a welcoming and safe place for all that live in the borough” and the council “affirms its support for single-sex spaces.”

Coun Seville-Leach, who said he was aware the issue was contentious, said the guidance should be condemned and not just for the impact it would have on the LGBTQ community, many making their home in Calderdale, but also businesses, and might have further consequences.

“This new guidance will give cause for concern to every transgender resident of this borough who will have to ask themselves the difficult question if they will be able to go out to the pub to see friends and if they can safely attend a gig at the Piece Hall, go to the gym or even attend work without issue.

“It is an attack on a marginalised group who already face extreme discrimination,” he said.

But Coun Thorpe said it was a question of law.

“I believe everybody in this chamber agrees that discrimination is wrong.

“Regardless of our political differences, we all have a duty to oppose discrimination whether it is based on race, sex, disability or any other protected characteristic,” he said.

But, said Coun Thorpe, the guidance derived from a ruling of the UK’s Supreme Court – that the protected characteristic referred to biological sex.

“It reached its judgement after detailed legal arguments and careful consideration of legislation.

“It is not the role of this council to disregard that judgement because we disagree with it.

“Our responsibilities, like that of all public authorities, is to comply with the law as interpreted by the court,” he said.

The judgement had provided legal clarity, he said.

Coun Ann Kingstone (Lab, Wainhouse) disagreed it should not be challenged and said of the amendment: “At a moment when many trans people are feeling increasingly vulnerable and uncertain about their place in society, it removes almost every word of reassurance and support that the original motion offers them.”

Women’s rights matter, they must be safe and there are circumstances where single-sex spaces are both necessary and lawful, she said but added “we don’t have to choose between protecting women and treating trans people with dignity and compassion, they are not competing groups.”

But leader of the Council, Coun Daniel Sutherland (Reform UK, Illingworth and Mixenden) criticised the motion and also Labour’s motion demanding more action over Yorkshire Water as being issues the council had no power over, he said.

It should devote its time to matters it did have power over, he added.

“This isn’t a debating club. You’re not in Parliament.

“This is a local council – get a grip of yourselves,” said Coun Sutherland.